Introduction
Road accidents are a major cause of death in India as per the Ministry of Road Transport and Highways a total of 4,61,312 road accidents have been reported by States and Union Territories (UTs) during the calendar year 2022[1]. There are certain cases where the life of the victim can be saved if the individual is taken to the hospital According to the Law Commission of India, 50% of road crash victims could be saved if they received timely medical care.[2]. However, people are afraid that if they go near the victim or transport him to the nearest hospital they will be asked questions by the police as well as if the person died during the transport he would be blamed for that. To resolve this problem The Good Samaritan Law was introduced this law emphasizes granting legal immunity to those who aid accident victims.
GOOD SAMARITAN LAW
The Supreme Court of India initially passed the Good Samaritan Law on March 26, 2016, the aim was to protect people who assist accident victims. Later, it was incorporated into the draft of the Motor Vehicle Act 2019. This law defines Good Samaritan as ‘’A Good Samaritan is a person who, in good faith, without expectation of payment or reward and any duty of care or special relationship, voluntarily comes forward to administer immediate assistance or emergency care to a person injured in an accident, or crash, or emergency medical condition, or emergency[3]. In simple terms, a Good Samaritan is a person who helps others without expecting anything in return. The major purpose of this law is to protect Good Samaritans from harassment of the actions being taken by them to save the lives of road accident victims.
OBJECTIVES
Protecting Good Samaritans: The law aims to shield individuals who help accident victims from legal complications and other issues.
Harassment Prevention: It ensures that bystanders won’t face harassment from police officials when assisting victims.
Encouraging Timely Aid: By removing fears of legal consequences, fees, or detentions, the law encourages people to provide timely medical aid or any other necessary assistance within the crucial “golden hour.
NEED FOR GOOD SAMARITAN LAW
As per the Global Status Report on Road Safety 2023, India ranks first globally in terms of the number of deaths caused by road accidents, accounting for 11% of accidents worldwide. Furthermore in terms of population India is in first place despite this Three out of four people in the country are hesitant to help injured accident victims on roads due to fear of police harassment, hospital detentions, and lengthy legal processes. These fears can discourage well-intentioned individuals from providing timely help.
RIGHTS OF GOOD SAMARITAN
A Good Samaritan has the following rights:
If an individual helps another person and something happens to the victim, they will not be liable for it. No civil or criminal charges will be applied.
“If an individual helps another person, they shall be allowed to leave the hospital immediately. There is a misconception among people that if they assist a victim, they will be stuck in the hospital until the police arrive or the person regains consciousness.”
“If an individual calls an ambulance or any other vehicle for help and is not comfortable disclosing personal details, they have the right to remain quiet. No one shall force them to speak.”
Another common myth is that the person who brings the victim should pay for all their treatment; however, he shall not be compelled to deposit money for the treatment of the victim.
The hospital shall provide him with an acknowledgment in this regard. In some cases, instead of thanking the person, the hospital asks them questions.
He shall be suitably rewarded to encourage other citizens. The “Scheme for Good Samaritan,” launched by the Ministry of Road Transport & Highways, recognizes and rewards individuals who save lives in motor vehicle accidents. If a good Samaritan provides immediate assistance and transports the victim to a hospital or trauma care center within the critical “Golden Hour,” they receive an award of ₹5,000 per incident. This initiative aims to encourage prompt medical aid and improve road safety. The scheme will be in effect until March 31, 2026.
He shall be examined on a single occasion by the police after his consent.
There are certain Directions given to the Hospital also some of them include the following.
All private and government hospitals shall display a charter or poster at their entrance. This ensures that patients right to information.
The Good Samaritan shall not be detained or asked to deposit money for treatment. Unless the bystander is a relative or family member of the victim, they cannot be forced to pay the treatment fees.
They shall not compel the bystander to furnish his details.
The hospital shall provide an acknowledgment to the Good Samaritan in a standard format.
Lack of response by a doctor in case of an emergency about road accident then disciplinary action shall be taken against such doctor or hospital.[4]
CONCLUSION
“The Good Samaritan law is an excellent provision that encourages bystanders to assist road accident victims. It ensures that those who help victims receive proper recognition and respect for their actions. These laws not only motivate people but also save many lives. By dispelling old notions that helping accident victims could lead to harassment by the police or legal complications, this law promotes a positive environment.
However, like any legislation, the Good Samaritan law faces challenges. One of the biggest hurdles is its lack of popularity. Despite being passed in 2016, most people in India remain unaware of it. According to a survey conducted by the Save Life Foundation, only 16% of respondents are familiar with this law. To address this, the government should launch awareness campaigns. People need to understand the Good Samaritan law as well as they know traffic rules or the importance of red lights at traffic signals.
Ultimately, whether individuals choose to help accident victims or continue recording depends on their awareness and willingness to act.
Author(s) Name: Nilendra Pal Singh Deora (Manipal University Jaipur)
References:
[1] PIB Delhi ‘MINISTRY OF ROAD TRANSPORT AND HIGHWAYS RELEASES ANNUAL REPORT ON ‘ROAD ACCIDENTS IN INDIA-2022’ (pib.gov.in, 31 OCT 2023) < https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=1973295> accessed 25 June 2024
[2] Aditi Shah ‘ROAD ACCIDENTS — THE IMPORTANCE OF THE GOLDEN HOUR ‘ ( Medium, 3 April 2021 ) < https://medium.com/vicara/road-accidents-the-importance-of-the-golden-hour-cb2875babb80> accessed 25 June 2024
[3] Ministry of Road Transport and Highways ‘GOOD SAMARITAN ‘(morth.nic.in) < https://morth.nic.in/good-samaritan> accessed 25 June 2024
[4] Ministry of Road Transport and Highways ‘GOOD SAMARITAN RIGHTS AND DUTIES OF THE HOSPITALS/POLICE ‘(morth.nic.in) <Good-Samaritan.pdf (morth.nic.in) > accessed 26 June 2024
